HomeMy WebLinkAboutMinutes - City Council - Regular - 11/17/197711
NOVEMBER 17, 1977
REGULAR CITY COUNCIL MEETING MINUTES
The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting
11
place at City Hall, the following members thereof being present, to -wit:
n Dirk West, Councilwoman Carolyn Jordan Councilman Alan Henry,
Mayor Roy Bass, CouncilmaIIII
Fred 0. Senter, Ji.
CouncilmanBill McAlister, City ;Manager Larry Cunningham and City Attorney
Absent: Treva Phillips, City Secretary -Treasurer.
77-36-421-1119
The invocation was given by Tom Foster, Fire Chief.
(1)
The Pledge of Allegiance to the Flag was given in unison by those present in the Council
77-36-421-1120
(2)
Chamber.
At this point, in accordance with Section 2F, Article 6252-17, V.A.T.S., Mayor Bass announced
two hour to
that an exective session would be held at any convenient time after a period,
If the executive session is not completed
discuss personnel matters and land acquisition.
on this date, it will be recessed until 11:00 Saturday morning.
77-36-421-1121
Larry Akins, District Sales Manager for American Sign and Indicator Corporation, appeared anb,
for the Municipal Coliseum.
(4 )
requested changes in the agreement regarding the new scoreboard
motion was made by Councilman Henry, seconb
After consideration of all information presented,
Councilman McAlister, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henri
In-�
ed by
and McAlister voting Yea, none voting Nay to rewrite the contract with American Sign and
"Advertising the scoreboard shall be operated
dicator Corporation and add the following: on
all sporting events and events where the sponsor thereof agrees
and shown on the premises at
may be exhibited." This would be in lieu of the language
in writing that such advertising
that is now in our present contract that states that advertising on scoreboard shall be op-
the reasonable discretic
erated and shown on the premises at all events deemed appropriate in
-Coliseum. Councilman West abstained from voting
of the Director of the Municipal Auditorium
on this item.
Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor
Ordi-
77-36-421-1122
Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass
(6)
Bass,
nance No. 7576 on second and final reading.
ORDINANCE NO. 7576
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit:
36-0001-14800-010949 (Sewer Capital Project Fund)
The sum $ 119,897.00
For the following purposes: Digester Additions S.E. Water Reclamation Plant.
77-36-421-1123 The City Council considered the passage of Ordinance No. 7566 on second and final reading
(7) changing property located north and south of 69th Street and east of Slide Road from "C-4"
to "C-4" Zoning District with conditions, Zone Case No. 2162. Jim Bertram, Director of Pla
ning, discussed this ordinance and reported his findings in regard to the committment of tb
land on the south side of 69th Street. Fe presented the following list of uses:
The following uses were requested by Buddy Barron, Calvin Brunken, John Abney and Calvin
Walker to be permitted in the "C-4" Zone.
19.3 PERMITTED USES & TRACT K - North 295' - same uses as north of 69th south 157'
restricted as below
19.3-1 Any use conditionally or unconditionally permitted in the "C-2A" "C-2" or
"C-3" Districts. All
Ag. implement and tractor trailer sales. Fred West Estate
19.3-5 Automobile brake shop. Barron & Brunken
19.3-6 Automobile glass shop. Barron & Brunken
19.3-7 Automobile seat cover and upholstery shop. Barron & Brunken
19.3-8 Automobile transmission shop. Barron & Brunken
19.3-9 Automobile and recreational vehicles sales and service (may include body
and paint shop, as accessory use.) Barron & Brunken
1:9.3-10 Barber and beauty shop supply dealer. Walker
Boat and boat trailer sales. Fred West Est.
19.3-13 Builders supply. All materials must be in a building. Walker Barron & Brunken
19.3-15 Cafe supply dealer, fixtures. Walker
Canvas goods shop. Fred West Est.
19.3-21 Electrical equipment repairs. Walker Abne , Barron & Brunken
Frozen food lockers. Fred West Est. Abney, Barron
19.3-24 Furniture store, used. (All merchandise must be in a building) ,�, _
& Brunken, Chandler & Fred West Est.
19.3-33 Job printing and lithographing. Walker, bney, Barron & Brunken
422
19.3-34 Laboratory, chemical, general analysis. Barron & Brunken
19.3-37 Lumber yard, with no mill. All materials must be in a building.
Barron & Brunken
19.3-38 Magazine agency. Barron & Brunken
19.3-42 Muffler shop. Barron & Brunken
19.3-47 Print shop. Walker, Abney Barron & Brunken
19.3-50 Rental store. Abney, Barron & Brunken & Chandler
19.3-51 Rental store, heavy equipment and trailers only. Abney, Barron & Brunken
19.3-58 Sign shop, limited to window lettering, painted wall signs, banners and
desk signs. Barron & Brunken
19.3-59 Store fixtures sales. (No manufacturing
19.3-63 Upholstery -shop _ furniture. Permitted) Walker
Chandl
19.3-65 Wholesalehouse, salesoffice andkstoragee- noacotton storage.rron & Brunken & Walkerer
Barron & Brunken
0. V. Scott appeared and requested that the north 295' of Tract M be zoned the same as the
property on the north side of 69th Street. Jan Fouts appeared and stated that in determining
this list of uses, they had tried to eliminate noise and odor factors and that it was designed
to eliminate after hour uses. After consideration of all information presented, motion was
made by Councilman McAlister to pass Ordinance No. 7566 on second reading subject to the uses
listed for the property south of 69th Street and also that the north 295' of Tract M be zoned
the same as the property on the north side of 69th Street. Councilwoman Jordan seconded this
motion with the amendment that if auto brake shop, automobile and recreational vehicle sales
(if it includes a body shop and paint shop), and a muffler shop are built that a solid masonry
screening fence be required. The amendment to the motion was accepted by Councilman McAlister
and the vote on the motion was as follows: Mayor Bass, Councilmen West, Jordan and McAlister
voting Yea, none voting Nay. Councilman Henry abstained from voting on this item.
ORDINANCE NO. 7566
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2162; CHANGE TRACTS "A" THROUGH
"M", TRACTS "P", '"Q", IV' AND THE SOUTH 200 FEET OF LOTS 1-A, 2-A AND 3-A, FIESTA AUTOLAND
CENTER, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO C-4 ZONING DISTRICT; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
77-36-422-1124 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor
(8) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi-
nance No. 7567 on second and final reading.
ORDINANCE NO. 7567
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE N0. 2155; CHANGE SIX TRACTS OF LAND
OUT OF SECTION 5, BLOCK J-S, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 ZONING DISTRICT; CHANGE
A TRACT OF LAND OUT OF SECTION 5, BLOCK J-S, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2 ZONING
DISTRICT; CHANGE TWO TRACTS OF LAND OUT OF SECTION 5, BLOCK J-2, LUBBOCK COUNTY, TEXAS, FROM
R-1 TO A-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
77-36-422-1125 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Council
(9) men West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7568
on second and final reading. Mayor Bass abstained from voting on this item.
ORDINANCE NO. 7568
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7321 OF THE CITY OF LUBBOCK, ZONE CASE NO.
1131-G AMENDING THE ZONING ON THE SOUTH 150.44 FEET OF TRACT "C", MONTEREY CENTER ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AMENDING SECTION 1 THEREOF AND ADDING CONDITIONS
THERETO; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
77-36-422-1126 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor
(10) Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7569 on second and final reading. Councilwoman Jordan abstained from voting on this item.
ORDINANCE NO. 7569
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1975-A; CHANGE LOTS 7,8,9,10,11
and 12, BLOCK 4, HILLCREST RESUBDIVISION ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM R-1 TO A-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; CHANGE LOTS 2,3,4,5,6 AND THE WEST
ONE-HALF OF LOT 1, BLOCK 5, HILLCREST RESUBDIVISION ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM R-1 TO C-2A ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
77-36-422-1127 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor
(11) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi-
nance No. 7570 on second and final reading.
ORDINANCE NO. 7570
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1320-A; CHANGE A TRACT OF LAND
OUT OF SECTION 9, BLOCK J-S, LUBBOCK COUNTY, TEXAS, FROM C-4 WITH CONDITIONS TO C-3 ZONING
DISTRICT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
77-36-422-1128 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor
(12) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ord-
inance No. 7571 on second and final reading.
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77-36-423-1129
(13)
77-36-423-1130
(14)
77-36-423-1131
(15)
ORDINANCE NO. 7571
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB-
BOCK SO AS TO MAKE THE FOLLOWING CHANGE; ZONE CASE NO. 1001-B; CHANGE TRACT "C", RANCHLAND
TERRACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 SPECIFIC USE TO C-4 ZONIND
DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDNGGt
FOR PUBLICATION.
Motion was made b Councilman McAlister, seconded b Councilman Henry,otion carried Mayor
I
y � Y Y> Y
Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi-
nance no. 7572 on second and final reading.
ORDINANCE NO. 7572
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB.
BOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2164; CHANGE THE SOUTH 150 FEET OF
LOTS 1,2,5 AND 6, BLOCK 7, ELLWOOD PLACE ADDITION; THE EAST 27 FEET OF THE SOUTH 150 FEET OF
LOT 2, BLOCK 7, ELLWOOD PLACE ADDITION AND LOTS 13 THROUGH 18, BLOCK 5, ELLWOOD PLACE ADDITTa
ALL WITHIN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-3 TO R-1 ZONING DISTRICT; CITY i
OF LUBBOCK; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor
Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi-
nance No. 7573 on second and final reading.
ORDINANCE NO. 7573
AN ORDINANCE AUTHORIZING THE ISSUANCE OF (A) SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO.
2165; CHANGE THE SOUTH 50 FEET OF LOT 1, NOVELLA ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, FROM R-1 TO AM SPECIFIC USE PERMIT; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor
Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi-
nance No. 7574 on second and final reading.
ORDINANCE NO. 7574
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6865 OF THE CITY OF LUBBOCK, ZONE CASE NO.
1826-B, AMENDING THE ZONING ON LOT 1, FRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
BY AMENDING SECTION 1 THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
77-36-423-1132 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor
(16) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi-
nance No. 7575 on second and final reading.
ORDINANCE NO. 7575
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BY ADDING A NEW
SECTION, TITLED SECTION "2.36a DUPLICATING/COPY SERVICE" AND DEFINING SAME, BY MAKING DUPLI-
CATING/COPY SERVICE A PERMITTED USE IN C-2 LOCAL RETAIL DISTRICT, BY ADDING A NEW SECTION,
TITLED "2.93aPRINT SHOP" AND DEFINING SAME AND BY ELIMINATING "JOB PRINTING AND/OR COPY SER-
VICE AS AN INCIDENTAL USE" IN C-2 LOCAL RETAIL DISTRICTS; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
77-36-423-1133 The City Council held a public hearing on the Urban Renewal Plans in connection with the
(17) Fourth Year Community Development Program. Mayor Bass called for all interested persons to
come forward. H. 0. Alderson, Director of Urban Renewal, presented the plans rehabilitation -
and redevelopment in new Areas Numbers 7, 17, 20, 22, 23, 25, 27 and 28 and amended plans for
Areas Numbers 16, 24 and 26, No one else came forward; whereupon, Mayor Bass announced that
the hearing was closed.
77-36-423-1134 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried,
(18) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that t]
following resolution be passed.
' R E S O L U T I O N
RESOLUTION APPROVING AND ADOPTING URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT
REHABILITATION AND REDEVELOPMENT AREAS NUMBERS 7, 17, 20, 22, 23, 25, 27, AND 28,
AND APPROVING AMENDED URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT REHABILITATION
a AND REDEVELOPMENT AREAS NUMBERS 16, 24 AND 26
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o ` WHEREAS, Urban Renewal Plans for Community Development Rehabilitation and Redevelopment
r Areas Numbers 7, 17, 20, 22, 23, 25, 27 and 28, hereinafter set forth as Exhibits A, B, C, T
E, F, G, and H, and made a part hereof, have been reviewed and approved by the Planning and
CO Zoning Commission of the City of Lubbock and by the Urban Renewal Agency of the City of Lub-
bock; and
4 o
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WHEREAS, Amended Urban Renewal Plans for Community Development Rehabilitation and Re-
0 development Areas Numbers 16, 24 and 26, hereinafter set forth As Exhibits J, K, and L, and
made a part hereof, have been reviewed by and approved by the Planning and Zoning Commissiol
.� o of the City of Lubbock and by the Urban Renewal Agency of the City of Lubbock; and
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SEE Reso. 1371, 4/14/83, for _
amending Urban Renewal Plan for
404
WHEREAS, the proposed Urban Renewal Plans and Amended Urban Renewal Plans conform to the
general plan of development of the City as a whole and is compatible to the existing and pro-
posed land uses, the thoroughfare plan, and recreational and community facilities of the area;
and
WHEREAS, a feasible method exists for the relocation of families or individuals who will
be displaced from. -he Urban Renewal Areas in decent, safe and sanitary dwelling accommodations
within their meaac�and without undue hardship to such .families or individuals; and
WHEREAS, the Urban Renewal Plans and Amended Urban Renewal Plans will afford maximum op-
portunity consistent with the sound needs of the City as a whole, for the rehabilitation or
redevelopment of the Urban Renewal Areas by private enterprise;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Urban Renewal Plans for Community Development Rehabilitation
and Redevelopment Areas Numbers 7, 17, 20, 22, 23, 25, 27, and 28, designated as
Exhibits A, B, C, D, E, F, G, and H to this Resolution, be and are hereby approved
and adopted.
SECTION 2. THAT the Amended Urban Renewal Plans for Community Development Reha-
bilitation and Redevelopment Areas Numbers 16, 24, and 26 designated as Exhibits
J, K, and L to this Resolution, be and are hereby approved and adopted.
Passed by the City Council this 17th day of November, 1977.
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary --Treasurer
BY: /s/ Mary Lindsey
Mary Lindsey, Deputy
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
/s/ Roy Bass ^
Roy Bass, MAYOR
77-36-424-1135 The City Council held a Public Hearing on Fourth Year Community Development Program recom-
(19) mended by Community Development Advisory Committee. Mayor Bass called for all interested
persons to appear before the City Council. Jim Bertram, Director of Planning, presented the
CDAC'c Fourth Year recommendations.
CDAC FOURTH YEAR RECOMMENDATIONS
Project
Amount
1.
Parkway Neighborhood Center
$ 207,000
2.
Central Senior Citizens Center
380,000
3.
Chatman Park Renovation
30,150
4.
liac'kenzie Park Road Renovation
22,500
5.
Park Road along upper Lake 6
(from north of E. Broadway to E. 19th Street)
66,343
6.
Street Lighting for Park Road along upper Lake 6
10,450
7.
Parking Lot and Access Road for Lake 6
(at east end of Dunbar High School property)
34,250
8.
Street Lighting for Park Road between E. 19th and Quirt
3,300
9.
Park Development at Greenfair Manor Park
25,000
10.
Community Development Department Budget
57,025
11.
Residental Street Lighting at various locations
25,000
12.
Unassessable Paving
496,100
13.
Alley Paving on east side of Greenfair Manor
40,000
14.
Avenue L Realignment at 42nd Street
8,000
15.
Day Care Center #4
250,000
16.
Traffic Signals: 19th and Ave. A, 17th and Ave. -A
65,000
17.
Traffic Signals: 30th and Ave. H, E. 24th and Quirt
40,000
18.
Traffic Signals at Parkway and Zenith
25,000
19.
East Lubbock Code Enforcement
149,255
20.
South Maddox Neighborhood Rehab. Area 7(a)
486,008
21.
Posey West Neighborhood Rehab. Area 10
427,888
22.
Bean School Neighborhood Rehab. Area 26(b)
459,566
23.
South Overton -Broadway Historic Preservation Districts,
Areas 14(a) and 14(b)
156,600
24.
Bozeman Heights Neighborhood Rehab. Area 22(a)
491,262
25.
Repayment of Urban Renewal Loan from HUD
175,000
26.
Contingency Fund
40.3,303
4,534,000
Additional Recommendations:
A.
For Project #1, explore the posssibility of using the funds to expand the
George Woods
Center and combine the two operations in the enlarged facility.
B.
The recommended allocation for Project #12 is $100,000 less than the City
Manager's re-
commendation. The staff is to delete enough streets to bring the overall
project within
the CDAC-recommended allocation.
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C. For Project #16, the CDAC recommends that the need for the 17th and Avenue A traffic
signal be re-examined and that the signal be removed if a study shows it to be un-
warranted.
D. For Project #18, the CDAC recommends that every possible attempt be made to secure
state approval for the signal at Parkway and Zenith.
E. The CDAC recommends that in the allocation of any surplus contingency funds top
priority be given to funding additional housing rehabilitation.
David Kitten, Community Development Coordinator, appeared and stated that based on more re-
cent information, the amount of the HUD loan repayment (Item 25) is $226,000 instead of $175�
000.
Rev. Adolphus Cleveland, representing the Housing Authority appeared expressing interest in
a day care center near public housing.
Rex Fuller, President of the Day Care Association of the United Way, also appeared and stat
that regarding a site for a fourth day care center, it is recommended that the Lubbock Day
Care Association get a site selection committee to select a site where we can better serve
the children that we need to serve. He also requesCedthat $33,580 be designated for im-
provements at the Day Care Center at Colgate and Indiana.
Blanchie Swisher appeared requesting that her house be fixed.
Bidal Aguerro, representing the Arnett -Benson Neighborhood Association appeared before the
City Council endorsing the plan as presented, but stating they would like to have more mon
for housing.
Peck McMinn, President of the United Way, appeared and reaffirmed the need for day care
centers.
Bob Nash, Chairman of the Lubbock County Historical Committee, appeared requesting $7,800
for a detailed evaluation of architectural, historical and current situation and planned use
features in the South Overton Addition.
Anita Taylor, President of the Junior League, appeared in support of the allocation of Com-
munity Development Funds to the Day Care Association for the building of a new day care cen r
in Southeast Lubbock. 4
Dwayne Parker, Treasurer of the Guadalupe Parkway Community Center, appeared and stated that
they would like to support the Community Development Fund allocation for the Parkway Neigh-
borhood Center.
No one else came forward; whereupon, Mayor Bass announced that the hearing was closed.
77-36-425-1136 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayo
(20) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve
the recommendations of the Community Development Advisory Committee as presented with the
change in Item No. 25 and with the addition of the renovation of the day care center at
Colgate and Indiana in the amount of $33,580 and the historic project for Overton South in
the amount of $7,800 and pass the following resolution.
R E S O L U T I O N
A RESOLUTION AUTHORIZING THE APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT! ASSURANCES
CONTAINED IN SUCH APPLICATION AND REGULATIONS; THE DESIGNATION OF THE CITY MANAGER AS THE
AUTHORIZED REPRESENTATIVE OF THE CITY OF LUBBOCK TO ACT IN CONNECTION WITH THE APPLICATION.
WHEREAS, Title I of the Housing and Community Development Act of 1974, Public Law 93-381r
provides for a program of Community Development Block Grant; and
WHEREAS, The City Council, after receiving the recommendations of the Community Develop-1
ment Advisory Committee and after public hearings as required by law, has determined that ark
application for Community Development Block Grant would be in the best interest of the citi4
tens of the City of Lubbock; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
'i
THAT the Mayor of the City of Lubbock be and is hereby authorized to execute for and on1
behalf of the City of Lubbock an application for a Community Development Block Grant as ad-
ministered by the Department of Housing and Urban Development;
THAT the City of Lubbock hereby gives assurances of its compliance with the regulations;;
policies, guidelines and requirements of OMB Circular A-95 and that it will comply with the
requirements of Federal Management Circulars 74-4 and 74-7 as they relate to the application,
acceptance and use of Federal Funds for this Federally assisted program and with all other
assurances and understandings required in the application;
THAT the City Manager of the City of Lubbock is hereby designated as the authroized re-
presentative of the City of Lubbock to act in connection with this application and to proviie
such additional information as may be required.
Passed by the City Council this 17th day of November, 1977.
/s/ Roy Bass
ROY BASS, MAYOR
ATTEST:
/s/ Treva Phillips
4#s
77-36-426--1137
(21)
77-36-426-1138
(22)
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
The City Council considered an ordinance updating speed limits on Loop 289 frontage roads from
U.S. 87 to Spur 327. After consideration of all information presented, motion was made by
Councilman Henry, seconded by Councilman West, motion carried, Councilmen West, Henry and
McAlister voting Yea, Mayor Bass and Councilwoman Jordan voting Nay to pass Ordinance No.
7577 on first reading changing the present speed limits that are set at 55 mph to 45 mph and
speed limits set at 45 mph to 35 mph. d
ORDINANCE NO. 7577
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON LOOP 289 IN THE CITY OF LUBBOCK
AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING THE
PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF
SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PRO-
VIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION
HEREOF, AND A PENALTY CLAUSE.
Motion was made by Councilman McAlister, seconded by Councilman Henry, motion
Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay
lowing resolution be passed.
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
carried, Mayor
that the fol-
THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to ex-
ecute for and on behalf of the CITY OF LUBBOCK an AGREEMENT between the CITY OF LUBBOCK and
DICK JONES ASSOCIATES covering technical assistance relating to low income housing in the
CITY OF LUBBOCK, attached herewith which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this Re-
solution as if fully copied herein in detail.
Passed by the City Council this 17th day of November, 1977.
/s/ Roy Bass
ROY BASS, MAYOR
ATTEST:
/s/ Tr_eva Phillips
Treva Phillips, City Secretary -Treasurer
BY: /s/ Mary Lindsey
Mary Lindsey, Deputy
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
CITY OF LUBBOCK
CONTRACT FOR PROFESSIONAL AND TECHNICAL SERVICES
THE STATE OF TEXAS I
COUNTY OF LUBBOCK I
PART I - AGREEMENT
THIS AGREEMENT, entered into as of this 17th day of November, 1977, by and between the
CITY OF LUBBOCK, STATE OF TEXAS, hereinafter referred to as the "CITY" and DICK JONES AS-
SOCIATES, 9110 Regal Road, San Antonio, Texas, 78216, hereinafter referred to as the "CON-
TRACTOR".
WITNESSETH: 1.
WHEREAS, the CITY has begun certain activities and services funded under the Housing
and Community Development Act of 1974, Community Development Block Grant Program; and
WHEREAS, the City desires to engage the CONTRACTOR to render certain technical advice
and assistance by proposing a "Plan of Action" toward additional Lower Income Housing Pro-
duction in Lubbock, Texas.
NOW THEREFORE, the parties hereto do mutually agree as follows: 1.
1. Scope of Service: The CONTRACTOR shall perform all the necessary services and render
such technical assistance as provided under this Contract in providing a "Plan of
Action" by defining the low and moderate income housing needs in Lubbock, recommending
"Way and Means" to develop additional low and moderate income housing, and strengthen-
ing Lubbock's housing assistance planning to meet these needs as follows:
(A) Analyze Lubbock's housing situation based on the existing data from all
sources and the Community Development Program needs to sharply define
the problem of providing needed low and moderate income housing in Lubbock.
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(B) Analyze and study the Section 8 Program as a prime resource to meet
these needs, including existing housing, substantial rehabilitation
and new construction.
(C) Work with the Lubbock Housing Authority, suggesting administrative
organization and operations necessary to make Section 8 workable.
(D) Prepare a study of the existing Lubbock Housing Authority projects
and programs and make recommendations for the Housing Authroity as
relating to its role in low and moderate housing resources.
(E) Specify ingredients needed to assure successful privately owned and
operated low and moderate income rental developments subsidized by
HUD, as well as ways and means of increasing and controlling these
developments for meeting local needs.
(F) Recommend a workable Ad Hoc Housing Assistance Committee for the
purpose of coordinating all low and moderate housing resources.
(G) Creation of a special problem solving team to stay abreast of emerging
developments.
(H) Complete a "Plan of Action's and submit ten (10) copies to the CITY.
II. Information Furnished by City
The CITY agrees to furnish all necessary data and information to the CONTRACTOR in the
performance of the services and advice as prescribed above, and provide all materials that
may be deemed necessary and useful to the CONTRACTOR in the performance of same. Upon com-
pletion of said services, all materials furnished by the CITY shall be returned by the CON-
TRACTOR to the CITY.
III. Time of Performance
The services of the CONTRACTOR are to commence upon the 17th day of November, 1977, ar
shall be undertaken and completed in such sequence as to assure their expeditions completec
but in any event, all of the services required herein shall be completed within forty-five
(45) consecutive calendar days from the date of the Contract.
IV. Compensation
The CONTRACTOR shall be compensated in the amount of ONE THOUSAND TWO HUNDRED FIFTY
DOLLARS and NO CENTS ($1,250.00) and shall include all items in the Scope of Service shown
in this Contract.
V. Terms and Conditions
This agreement is subject to and incorporates the provisions -attached hereto as Part ]
Terms and Conditions.
VI. Prevailing Salaries
Not less than the respective salaries prevailing in the locality as determined pursuar
to the attached "Determination of Prevailing Salaries of Technical Positions" shall be paic
to persons in the respective occupation listed therein employed in the performace of work
under this contract.
VII. Certifications
The CONTRACTOR shall furnish the CITY with each statement submitted for services rendf
ed certifications as to compliance with Section 6 or this Part when applicable, and a simi]
certification of his subcontractors with respect to employees engaged in work under this cc
tract.
IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this agreement as of the
date first above written.
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
ATTEST:
APPROVED AS TO FORM:
CITY OF LUBBOCK
BY: /s/ Roy Bass_
ROY BASS, MAYOR
DICK JONES ASSOCIATES
BY:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES
T 11T nnl,n finnTmv T%n.%Tr+7 ^MIT7T1T nnnnnh'hrl
Part II - Terms and Conditions
1. Termination'of Contract for Cause. If, through any cause, the Contractor shall fail
to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor
shall violate any of the covenants, agreements, or stipulations of this Contract, the Local .
Public Agency shall thereupon have the right to terminate this Contract by giving written notice
to the Contractor of such termination and specifying the effective date thereof, at least five
days before the effective date of such termination. In such event, all finished or unfinished
documents, data, studies, and reports prepared by the Contractor under this Contract shall, at
the option of the Local Public Agency, become its property and the Contactor shall be entitled
to receive just and equitable compensation for any satisfactory work completed on such docu-
ments.
Notwithstanding the above, the Contractor shall not be relieved of liability to the Local
Public Agency for damages sustained by the Local Public Agency by virtue of any breach of the
Contract by the Contractor, and the Local Public Agency may withhold any payments to the Con-
tractor for the purpose of setoff until such time as the exact amount of damages due the
Local Public Agency from the Contractor is determined.
2. Termination for Convenience of Local Public Agency. The local Public Agency may
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terminate this Contract any time by a notice in writting from the Local Public Agency to the
Contractor. If the Contract is terminated by the Local Public Agency as provided herein, the
Contractor will be paid an amount which bears the same ratio to the total compensation as the
services actually performed bear to the total services of the Contractor covered by this Con-
tract, less payments of compensation previously made: Provided, however, that if less than
sixty per cent of the services covered by this contract have been performed upon the effective
date of such termination, the Contractor shall be reimbursed (in addition to the above pay-
ment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under
this Contract) incurred by the Contractor during the Contract period which are directly att-
ributable to the uncompleted portion of the services covered by this Contract. If this Con-
tract is terminated due to the fault of the Contractor, Section 1 hereof relative to termi-
nation shall apply.
3. Changes. The Local Public Agency may, from time to time, request changes in the
scope of the services of the Contractor to be performed hereunder. Such changes, including
any increase or decrease in the amount of the Contractor's compensation, which are mutually
agreed upon by and between the Local Public Agency and the Contractor, shall be incorporated
in written amendments to this Contract. !i
4. Personnel. a. The Contractor represents that he has, or will secure at his own
expense, all personnel required in performing the service under this Contract. Such person-
nel shall not be employed of or have any contractual relationship with the Local Public Ag-
ency.
b. All the services required hereunder will be performed by the Contractor or under his
supervision and all personnel engaged in the work shall be fully qualified and shall be a-
uthorized or permitted under State and local law to perform such services.
C. No person who is serving sentence in a penal or correctional institution shall be
employed on work under this Contract.
5. Anti - Kickback Rules. Salaries of architects, draftsmen, technical engineers, and
technicians performing work under this Contract shall be paid unconditionally and not less
often than once a month without deduction or rebate on any account except only such payroll
deductions as are mandatory by law or permitted by the applicable regulations issued by the
Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat.
740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The
Contractor shall comply with all applicable "Anti -Kickback" regulations and shall insert ap-
propriate provisions in all subcontracts covering work under this Contract to insure com-
pliance by subcontractors with such regulations, and shall be responsible for the submission
of affidavits required of subcontractors thereunder except as the Secretary of Labor may
specifically provide for variations of or exemptions from the requirements thereof.
6. Withholding of Salaries. If, in the performance of this Contract, there is any
underpayment of salaries by the Contractor or by any subcontractor thereunder, the Local
Public Agency shall withhold from the Contractor out of payment due to him an amount suf-
ficient to pay to employees underpaid the difference between the salaries required hereby to
be paid and the salaries actually paid such employees for the total number of hours worked.
The amounts withheld shall be disbursed by the Local Public Agency for and on account of the
Contractor or subcontractor to the respective employees to whom they are due.
7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to
salary rates or to classifications of architects, draftsmen, technical engineers, and tech-
nicians performing work under this Contract shall be promptly reported in writing by the Con-
tractor to the Local Public Agency for the latter's decision which shall be final with respect
thereto.
8. Equal Employment Opportunity. During the performance of this Contract, the Con-
tractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employ-
ment because of race, color, religion, sex, or national origin. The Contractor
will take affirmative action to ensure that applicants are employed, and that em-
ployees are treated during employment, without regard to their race, color, religion,
sex, or national origin. Such action shall include, but not limited to, the fol-
lowing: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Contractor agrees to
post in conspicuous places, available to employees and applicants for employment,
r., 1— rr .,:drlo.i 1„r thm T nrai Pnhi i rr Atranrxr catt-inv fnrth f 4p nrnvi ci nnc of
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b. The Contractor will, in all solicitations or advertisements for employee, place
by or on behalf of the Contractor, state that all qualified applicants will re-
ceive consideration for employment without regard to race, color, religion, sex,
or national origin.
C. The Contractor will cause the foregoing provisions to be inserted in all subcontr
for any work covered by this Contract so that such provisions will be binding upc
each subcontractor, provided that the foregoing provisions shall not apply to cor
tracts or subconstracts for standard commerical supplies or raw materials.
9. Discrimination Because of Certain Labor Matters. No person employed on the work
covered by this Contract shall be discharged or in any way discriminated against
because he has filed any complaint or instituted or cause to be instituted any pr
ceeding or has testified or is about to testify in any proceeding under or relati
to the labor standards applicable hereunder to his employer.
10. Compliance with Local Laws. The Contractor shall comply with all applicable laws
ordinances, and code of the State and local governments, and shall commit no trespass on ar
public or private property in performing any of the work embraced by this Contract.
11. Subcontracting. None of the services covered by this Contract shall be subcontra
ed without the prior written consent of the Local Public Agency. The Contractor shall be a
fully responsible to the Local Public Agency for the acts and omissions of his subcontractc
and of persons either directly or indirectly employed by them, as he is for the acts and on
issions of persons directly employed by him. The Contractor shall inset in each subcontrac
appropriate provisions requiring complaince with the labor standards provisions of this Cor
tract.
12. Assignability. The Contractor shall not assign any interest in this Contract, z
shall not transfer any interest in the same (whether by assignment or novation) without the
prior written approval of the Local Public Agency: Provided, however, that claims for money
due or to become due the Contractor from the Local Public Agency under this Contract may b.E
assigned to a bank, trust company, or other financial institution, or to a Trustee in Bank-
ruptcy, without such approval. Notice of any such assignment or transfer shall be furnishE
promptly to the Local Public Agency.
13. Interest of Members of Local Public Agency. No member of the governing body of
Local Public Agency, and no other officer, employee, or agent of the Local Public Agency wr
exercises any functions or responsibilities in connection. with the carrying out of the Prc
to which this Contract pertains, shall have any personal interest, direct or indirect, in t
Contract.
14. Interest of Other Local Public Officials. No member of the governing body of tt
locality in which the Project Area is situated, and no other public official of such locali
who exercises any functions or responsibilities in the review or approval of the carrying c
of the Project to which this Contact pertains, shall have any personal interest, direct or
indirect, in this Contract.
of
of
15. Interest of Certain Federal Officials. No member of or Delegate to the Congress
the United States, and no Resident Commissioner, shall be admitted to any share or part
this Contract or to any benefit to arise herefrom.
16. Interest of Contractor. The Contractor covenants that he presently has no inter
and shall not acquire any interest, direct or indirect, in the above -described Project Ares
or any parcels therein or any other interest which would conflict in any manner or degree
with the performance of his services hereunder. The Contractor further covenants that in t
performance of this Contract no person having any such interest shall be employed.
17. Findings Confidential. All of the reports, information, data, etc., prepared oz
assembled by the Contractor under this Contract are confidential and the Contractor agrees
that they shall not be made available to any individual or organization without the prior
written approval of the Local Public Agency.
18. The contractor agrees to file an affirmative action plan in according with the
v,ovisions of the Housing and Urban Development Act of 1968. Further, the provisions of
paragraphs 135.20 and 135.70(i) of the Federal Register dated October 23, 1973 are incorpo-
rated herein by reference and made a part of this contract.
19. Prior to proceeding with any work under this contract, the contractor will submi-
to the Executive Director of the LPA for his approval the names and positions of all profe:
sional personnel that will be assigned to the work to be carried out under this contract a]
the contractor will designate in the submission the person or persons that will supervise .
work to be performed under this contract.
20. It is expressly agreed and understood that the LPA is not obligated to make any
payment on any invoice submitted until the LPA is satisfied that all terms and conditions
the contract have been complied with and that work performed to date has been accomplished
a professional manner.
77-36-429-1139 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor
(23) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve
Change Order No. 1 to GWO 10922-A, contract with W. D. Turner for alley paving in Memorial
Civic Center Addition.
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CHANGE ORDER NO. 1
1977 Street Paving Improvements
GWO 10922A
TO: W.D. Turner Construction Co.
3002 50th Street
Lubbock, Texas 79413
Gentlemen:
WHEREAS, it is desirable to make changes in the plans and specifications for this
project, being namely the addition of the following Sub -Unit to t_l's e�:ogram UNIT A-460--54.
Original Amount of Contract $271,450.20
Increased by Change Order No. 1 3_,800.00
Total Amount of Contract $275,250.20
Completion for this Change Order is February 17, 1978. No additional time added by the
Change Order. 0
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner
and the Contractor agree to the change shown herein and in the revised plans, the Owner agrees
to pay the Contractor the amount of increase in cash. The Contractor agrees to proceed with
construction and to adhere to applicable specifications, under the direction of the Engineer.
Furthermore, the parties agree that the original contract between the Owner and the Contractor
shall be modified to the extent herein indicated, including one (1) attachment.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 17th
day of November 1977.
W. D. Turner Construction Co.
(Contractor)
By /s/ Roy Turner Title: President
Roy Turner
W.D. Turner Construction Co.
CITY OF LUBBOCK
(Owner)
By /s/ Roy Bass Attest: /s/ Treva Phillips
Roy Bass, Mayor Treva Phillips, City Secretary
RECOMMENDED FOR APPROVAL 0
/s/ Wilford D. Watson /s/ Larry Cunningham
Wilford D. Watson, City Engineer Larry Cunningham, City Manager
Cost Estimate
UNIT A-460-54 North -South Alley West of and adjacent to Block 8, Memorial Center Ad-
dition from 5th Street to 6th Street.
UNIT QUANTITY UNIT PRICE AMOUNT
1. Reinforced concrete continuous
slab (3000 #/7 day high early
type) 10' wide alley pavement
& alley returns, including sub -
grade preparation, complete in
place, per square yard. 190.00 S.Y. $20.00 $3,800.00
Total Change Order Number 1
77-36-430-1140 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried,
(24) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass
Ordinance No. 7578 on first reading.
ORDINANCE NO. 7578 L-Pd
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit:
Sewer Capital Project Fund
The sum $ 28,354.61
For the following purpose: Suplement the sewer pro rata fund for the purpose of a refund to
the developers at Lots 1-279 and Tract A, Gui.11ot Gardens Ad-
dition.
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77-36-431-1141 Motion was made by Councilman McAlister, seconed by Councilwoman Jordan, motion carried,
(25) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that
the following resolution be passed.
R E S O L U T I O N
Resolution accepting water and sewer system improvements for Lot 1, Block 1 Furr-Wolf
Addition.
WHEREAS, the developers of Lot 1, Block 1 Furr-Wolf Addition have complied with the
provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and
sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, any
WHEREAS, the total utility cost to the developer is $38,188.12 with the improvements
constructed by Panhandle Construction Co. having a value of $35,741.04 as determined by the
unit prices established by said Chapter-34, and $2,447.08 cash paid to the City, with Furr-
Wolf Joint Venture, the developer, to received a refund of $24,324.89 in accordance with
Chapter 34 of the Code of the City of Lubbock and,
WHEREAS, the construction of the said water and sewer improvements was performed under
the supervision of the City Engineer and completed in accordance with the City of Lubbock's
plans and specifications.
NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements by and the same are hereby accepted as an integral
part of the water and sewer system of the City of Lubbock.
2. That the refundable cost in the amount of $24,322.89 be made in accordance
with said chapter 34.
3. This resolution shall take effect and be in force from and after its pass-
age.
PASSED AND APPROVED THIS 17th DAY OF NOVEMBER, 1977.
Attested:
/s/ Treva Phillips
Treva Phillips, City Secretary
Approved:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
/s/ Roy Bass
ROY BASS, MAYOR
Approved:
/s/ Fred 0. Senteri_Jr._
Fred 0. Senter, Jr., City Attorney
77-36-431-1142 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried,
(26) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that
the following resolution be passed.
R E S 0 L U T 1 0 N
Resolution accepting water and sewer system improvements for Lot 1, Willis Addition.
WHEREAS, the developer of Lot 1, Willis Addition has complied with the provision of th
City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements
for said addition in accordance with paragraph 61 of said Chapter 34, and,
WHEREAS, the total utility cost to the de►eloper is $2,825.18 with the improvements con
structed by Panhandle Construction Company having a value of $2,527.74 as determined by the
unit prices established by said Chapter 34, and $297.44 cash paid to the City, with R.W.
Willis, the dveloper, to receive a refund of $1,827.18 in accordance with Chapter 34 of the
Code of the City of Lubbock and,
WHEREAS, the construction of the said water and sewer improvements was performed under
the supervision of the City Engineer and completed in accordance with the City of Lubbock's
plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements by and the same are hereby accepted as an integral
part of the water and sewer system of the City of Lubbock.
2. That the refundable cost in the amount of $1,827.18 be made in accordance
with said Chapter 34.
3. This resolution shall take effect and be in force from and after its pass-
age.
PASSED AND APPROVED THIS 17TH DAY OF NOVEMBER, 1977.
Attested:
/c/ TrPva Phillins
/s/ Roy Bass
^ROY BASS, MAYOR
:32
Approved:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
Approved:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
77-36-432-1143 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried,
(27) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that
the following resolution be passed.
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the CITY OF LUBBOCK, BE and is hereby authorized and directed to ex-
ecute for and on behalf of the CITY OF LUBBOCK an application to the Texas Department of
Water Resources for a U. S. Environmental Protection Agency grant for assitance in improve-
ments to the water reclamation plant, attached herewith which shall be spread upon the Mi-
nutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall constitute and be
a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 17th day of November, 1977.
/s/ Roy Bass_
ROY BASS, MAYOR
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
BY: /s/ Marry Lindsey
Mary Lindsey, Deputy
APPROVED AS TO FORM:
/s/ Fred_ 0.Senter, Jr. _
Fred 0. Senter, Jr., City Attorney
77-36-432-1144 The City Council considered the regulation of industrial gas rates. Fred 0. Senter, Jr.,
(28) City Attorney, appeared and made the statement that the franchise with the Gas Company pro-
vides that they are permitted to enter into industrial contracts subject to the rate making
powers of the City, but it also provides that any contract that is outstanding at the time
the rates are established shall continue until it expires under its own terms, Ervin Looney,
Rate Analyst for the City, appeared and recommended that a rate case on industrial rates be
initiated. After consideration of all information presented, motion was made by Councilman
Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilwoman Joran,
Councilmen Henry and McAlister voting Yea, none voting Nay that the following resolution be
adopted to initiate a rate case on industrial rates. Councilman West abstained from voting
on this item.
RESOLUTION
WHEREAS, the City Council has the power and the duty to regulate rates charged for gas
utility service within the corporate limits of the City of Lubbock, and
WHEREAS, regulation of industrial rates has not been deemed necessary in the past, but,
WHEREAS escalation of those unregulated rates since the advent of the energy crisis has
created the need to insure that industrial rates are fair and reasonable,
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT industrial rates for natural gas service, including cost of gas purchases be re-
gulated and that rates be determined and established by regulatory rules and procedures a-
dopted and established by Ordinance No. 7560.
BE IT FURTHER RESOLVED:
THAT a copy of all testimony and exhibits which are to be presented by Pioneer Natural
Gas Company be filed with the City Secretary on or before December 16, 1977 and that copies
be furnished to all interested parties on or before that date.
IT IS FURTHER RESOLVED:
THAT any member of the City Council of Lubbock (or any employee of the City of Lubbock
who may be hereafter authorized) as designated by the City Council for that purpose, shall
have power to hold hearings and conduct investigations in regard to this proposal to esta-
blish rates for industrial gas service within the City limits of the City of Lubbock, and to
make a record thereof for the use and benefit of the City Council, the same as if the entire
City Council were present, and such member of the City Council or designated employee is
hereby given authority to administer oaths, certify to all offical acts, and compel the at-
tendance of witnesses and the production of papers, books, accounts, and all other pertinent
documents and testimony, and said record when so made and properly certified to by such
Council person or employee, shall have the same force and effect as if made before the City -
Council, and such records as may be made shall be determined by the City Council as if the
record had been made before the City Council itself.
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Passed by the City Council this 17th day of November, 1977.
/s/ Rov Bass
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ATTEST:
/s/ Treva Phillips _
Treva Phillips, City Secretary -Treasurer
BY: /s/ Mary Lindsey
Mary Lindsey, Deputy
APPROVED AS TO FORM:
/s/ Fred_0. Senter, Jr.
Fred 0. Senter,�Jr., City Attorney
77-36-433-1145 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, May(
(28a) Bass, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay to a-
dopt the tentative schedule for rate case as presented by Ervin Looney with the Public Heal
ings scheduled for February 8 and February 9, 1978. Councilman West abstained from voting
on this item.
TENTATIVE SCHEDULE
(How this will unfold)
1977
November 17 City Council Initiates Proceedings
November 28 Pre -Hearing Conference
Motions to intervene
-Work out procedureal arrangments
December 16 Utility Company filings with City Secretary and interested parites
1978
January 6 Interest party filings with City Secretary and other parties
January 16 Staff filings with City Secretary and other parties
January 27 Supplemental filings by any party with City Secretary and other
parties
February 8 Public hearings
and 9
Filing -Consists of copy of all testimony and exhibits which are to be presented. Filings
to be in accord with rules and procedures adopted by Ordinance No. 7560
77-36-433-1146 The following bids were received for the purchase of power poles, various sizes, for Ware-
(31) house Stock, being Bid No. 4692.
I
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman West, seconded by
Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlis
voting Yea, none voting Nay to accept the bid of International Paper Company, Ft. Worth, f1
the purchase of Item 1; accept the bid of Keystone Supply Co. Kansas City, Mo., for the pu-
chase of Item 2; accept the bid of Temple, Inc., for the purchase of Item 3; accept the bil
of Crown-Zellerbach, Sallisaw, Okla., for the purchase of Item 4.
77-36-433-1147 The following bids were received for chain link fence construction for the Right -of -Way De.
(32) partment, being Bid No. 4683.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman West, seconded by
Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlis
voting Yea, none voting Nay to accept the bid of American Security Fence for the construct
of a chain link fence for the Right -of -Way Department.
77-36-433-1148 The following bids were received for the construction of 82nd Street water distribution
(33) mains for the Engineering Department, being Bid No. 4693.
Baal Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman West, seconded by
Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlis
voting Yea, none voting Nay to accept the bid of Panhandle Construction Co. for the constr
of 82nd Street water distribution mains for the Engineering Department. This construction
will be paid from Revenue Sharing Funds, Entitlement Period 9.
134
77--36-434-1149 The following bids were received for the purchase of misdellaneous envvlopes for the Water
(34) and Light Department, being Bid No. 4696.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman West, seconded by
Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of Dixon Paper Company for the purchase of mis-
cellaneous envelopes for the Water and Light Department.
77--36-434-1150 The following bids were received for the purchase of an air compressor for the Public Works
(35) Department, being Bid No. 4704. 0
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman West, seconded by
Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of Conley -Lott -Nichols Company for the pur-
chase of an air compressor for the Public Works Department. 0
77-36-434-1151 The following bids were received for the purchase of an electric service module for the Street
(36) Ligthing Department, being Bid No. 4700.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman West, seconded by
Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of Commerical Body Corporation, Irving, for
the purchase of an electric service module for the Street Lighting Department. This item
will be purchased with Revenue Sharing Funds.
77-36-434-1152 The following bids were received for the purchase of mud and snow chains, various sizes, for
(37) the Garage Department, being Bid No. 4694.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman West, seconded by
Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of Barretts Automotive for the purchase of mud
and snow chains for the Garage.
77-36-434-1153 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor
(38) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint
Harold Chatman and reappoint Earl Ince, Jr., Leroy Elmore and Doug Boren to the Southeast
Lubbock Development Corporation. These terms are for three years and will expire December
11, 1980.
77-36-434-1154 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor
(39) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none -voting Nay to appoint
Dr. Moses T. Turner and reappoint Vernon Behner and Sammy Medina to the Housing Auhtority
Board. These terms are for two years and will expire December 27, 1979.
77-36-434-1155 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor
(40) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting May to appoint
Clarence Priestly and reappoint Mrs. Louise Cummins to the Library Board. These terms are
for three years and will expire December 31, 1980.
77-36-434-1156 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried,
(41) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that
the following resolution be passed.
R E S O L U T I O N
WHEREAS, a House -Senate conference committee has recommended an energy bill that would
have devastating effects on consumers in Texas and other Southwestern states, and
WHEREAS, the proposed bill prohibits construction of new oil and gas generating plants
and gives the federal government power to require electric companies to convert existing oil
and gas generating units to coal units by 1990, and -
WHEREAS, the proposed bill authorizes a special tax on the use of oil and natural gas
as a fuel for generating electricity until such a conversion is completed, and
WHEREAS, the cost of constructing coal plants to replace existing oil and gas generating
plants is estimated at $45 billion, and
WHEREAS, the increased electric rates required to finance construction of coal plants
and to pay for the tax on natural gas consumption could double or even triple electric bills
in Texas and other Southwestern states, and
WHEREAS, the proposal to give the Federal Power Commission authority to allocate Texas
natural gas to other states totally ignores the higher gas prices paid by Texans to provide
the incentive for exploration and development of these gas supplies, and
WHEREAS, the proposed energy bill runs the risk of creating an electrical energy crisis
while trying to alleviate the oil and gas energy crisis,
NOW THEREFORE BE IT RESOLVED:
THAT the City Cnrrnril of the City of T.iihhnrk_ Taxac_ vo on rprord onnosinp, Yha anPrpry
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/s/ Roy Bass
ROY BASS, MAYOR
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
BY: /s/ Mary Lindsey
Mary Lindsey, Deputy
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr,
Fred 0. Senter, Jr., City Attorney
77-36-435-1157 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, May
(30) Bass, Councilmen West, Jordan, Henry and McAlsiter voting Yea, none voting Nay that the f
lowing resolution be passed.
RESOLUTION
RESOLUTION REGARDING CARE AND CUSTODY OF PERONS CHARGED WITH OFFENSE AGAINST THE LAW
OF THE STATE OF TEXAS BY OFFICERS OF LUBBOCK POLICE DEPARTMENT.
WHEREAS, the jail facilities of Lubbock County are now sufficient for the present ne
of the prison population of the entire county, and
WHEREAS, Lubbock County, acting by and through the Commissioners Court is engaged in
the expansion and enlargement of the jail facilities for Lubbock County, and
WHEREAS, it is contemplated and planned that such facilities will adequately house a
contain the anticipated prisoner population of the entire county for several years in a s
clean and sanitary manner, and
WHEREAS, the operation and maintenance of two separate jail facilities is deemed by
Commissioners Court and the City Council of the City of Lubbock to be a duplication costl
to the taxpayers of Lubbock County, and
WHEREAS, the members of the Commissioners Court and the City Council of the City of
Lubbock desire ti save the taxpayers as much expense as possible, and
WHEREAS, it has been further determined that the housing of prisoners taken into cus
tody by the Lubbock Police Department will result in a minimal increase in cost of operat
and maintenance of the Lubbock County Jail, NOW THEREFORE:
BE IT RESOLVED JOINTLY BY THE COMMISSIONERS COURT AND THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT as a stated policy jointly agreed upon in order to fully utilize the Lubbock
County Jail facilities, that the Sheriff of Lubbock County and the Lubbock Police Depart-
ment, acting by and through the Chief of Police and the City Manager, be and are hereby
requested and directed to formulate necessary procedures for the safe care and conduct of
persons charged with violation of the laws of the State of Texas and the Ordinances of th
City of Lubbock who may be arrested and in custody of officers of the Lubbock Police Depa
ment, and that such procedures include, but not be limited to, the identification and wri
ten memoranda of the offense charged together with any other pertinent information which
may aid the Sheriff of Lubbock County, who shall be the sole individual responsible for t
care and conduct of such individuals.
BE IT FURTHER RESOLVED:
THAT, where expedient and possible, the law enforcement officers of the City of Lubb
Police Department be and are hereby directed and requested to file any and all complaints
charging violation of the Criminal Statutes of the State of Texas in a State Court of com
petent jurisdiction, and deliver all records to the Sheriff of Lubbock County upon delive
of the prisoner charged with such offense on and after January 1, 1978.
BE IT FURTHER RESOLVED:
THAT no expense shall be incurred by the City of Lubbock for the care of any person
after complaint is filed and the custody of such prisoner is accepted by the Sheriff of
Lubbock County.
Passed by the City Council of the City of Lubbock this 17th day of November, 1977.
r /s/ Roy Bass _
ROY BASS, MAYOR
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
BY: /s/ Mary Lindsey
Mary Lindsey, Deputy
APPROVED AS TO FORM:
36
Passed by the Lubbock County Commissioners Court this the 17th day of November, 1977.
/s/ Roderick. L. Shaw
Roderick L. Shaw, County Judge
ATTEST:
/s/ Frank Guess
Frank Guess, County Clerk
APPROVED AS TO FORM:
/s/ Alton Griffin
Alton Griffin, District Attorney
NO FURTHER BUSINEES COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM
REGULAR MEETING THIS 17TH DAY OF NOVEMBER, 1977. 0
ROY BASS, MAYOR
ATTEST:
TREVA PHILLIPS, CITY SECRETARY -TREASURER
BY•
MARY LINDSEY, DEPUTY
READ AND APPROVED THIS THE DAY OF 1977.
ATTEST:
TREVA PHILLIPS, CITY SECRETARY -TREASURER
BY:
MARY LINDSEY, DEPUTY
0
ROY BASS, MAYOR
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